CHAPTER 3OPERATIONAL FUNCTIONING OF COLLEGES FORMED IN ACCORDANCE WITH ARTICLE 51(3) OF DIRECTIVE 2013/36/EU
SECTION 2 Planning and coordination of supervisory activities in going concern situations
Article 19General framework for the exchange of information between the competent authorities of the home Member State, college members and observers
1.
For the purpose of Article 28(3) of Delegated Regulation (EU) 2016/98, the members of the college shall transmit the information to the competent authorities of the home Member State.
2.
The competent authorities of the home Member State shall transmit the information referred to in paragraph 1:
(a)
to the members of the college;
(b)
to the observers as the competent authorities of the home Member State deem appropriate and in accordance with the terms of their participation in the college.
3.
If the competent authorities of the home Member State deem that any information referred to in paragraph 1 is not relevant for a particular member of the college, it shall previously consult that member and provide it with key points of the information to enable that member to determine its actual relevance.
4.
When the college is organised in different substructures, the competent authorities of the home Member State shall keep all college members fully informed, in a timely manner, on the actions taken or the measures carried out in different college substructures.
5.
The competent authorities of the home Member State and the members of the college shall agree on the means for the exchange of information and shall specify this agreement in the written coordination and cooperation arrangements referred to in Article 5 of Delegated Regulation (EU) 2016/98.
Article 20Establishment and update of the college supervisory examination programme
1.
For the purposes of establishing a college supervisory examination programme referred to in Article 99 of Directive 2013/36/EU in accordance with Article 31 of Delegated Regulation (EU) 2016/98, the members of the college shall provide their contribution to the competent authorities of the home Member State.
2.
After receiving the contributions from the members of the college, the competent authorities of the home Member State shall prepare a draft college supervisory examination programme.
3.
The competent authorities of the home Member State shall circulate the draft college supervisory examination programme to the members of the college inviting them to provide their views on the areas of joint work and indicating the appropriate deadline for the submission of those views.
4.
For the purposes of completing the college supervisory examination programme, the competent authorities of the home Member State shall take into account any views and reservations expressed by the members of the college and explain, if necessary, the reasons for not incorporating them.
5.
Upon completion, the competent authorities of the home Member State shall communicate the college supervisory examination programme to the members of the college.
6.
The college supervisory examination programme shall be updated at least annually or more frequently if deemed necessary as a result of the supervisory review and evaluation process pursuant to Article 97 of Directive 2013/36/EU.
7.
The competent authorities of the home Member State shall update the college supervisory examination programme by following the process defined in paragraphs 1 to 5.